CALIFORNIA DEPARTMENT OF PUBLIC HEALTH ISSUES PRIVACY BREACH FINES TO FIVE CALIFORNIA HOSPITALS

Date:
6/10/2010

Number:
10-039

Contact:
Al Lundeen (916) 440-7259

SACRAMENTO

The California Department of Public Health (CDPH) announced today that five California hospitals have been assessed administrative penalties and fines totaling $675,000 after a determination that the facilities failed to prevent unauthorized access to confidential patient medical information.

“Medical privacy is a fundamental right and a critical component of quality medical care in California,” said Dr. Mark Horton, director of CDPH. “We are very concerned with violations of patient confidentiality and their potential harm to the residents of California.”

CDPH has assessed the penalties to these facilities under new legislation intended to protect the confidentiality of medical records. CDPH has determined that the hospitals failed to prevent unauthorized access to patient medical information, as required by Section 1280.15 of the Health and Safety Code.

An administrative penalty of $25,000 may be assessed against a medical facility for the breach of each patient’s medical information. A penalty of up to $17,500 is added for each subsequent breach of each patient’s medical information.

Facilities are required to submit a plan of correction to CDPH within 10 working days and implement a plan of correction to prevent future incidents. Facilities can appeal an administrative penalty by requesting a hearing within 10 calendar days of notification. If a hearing is requested, the penalties are to be paid if upheld following appeal.

All hospitals in California are required to be in compliance with applicable state and federal laws and regulations governing general acute care hospitals. The hospitals are required to comply with these standards to ensure quality of care.